Cosmopolitan State Bank v. Sommervold

Taylor, C.

Action on a promissory note executed by defendant to Louis Wurzinger and transferred by Wurzinger to plaintiff. Defense that *357defendant was mentally incompetent to transact business when he signed the note; that he was induced to sign it by false and fraudulent representations made by Wurzinger; that he received no consideration for it, and that plaintiff took it with knowledge of the fraud practiced by Wurzinger. This is the second trial of the case. On the first trial the court directed a verdict for defendant. On appeal this court said [155 Minn. 492] that “the only question of…